Legal Question in Real Estate Law in Georgia

My Mother and my brother purchased a home prior to my Mom's second marriage. The deed is in my mother and brother's name. My Mom passed away 8 years later. Does her husband have a community property interest in the house.


Asked on 9/30/10, 11:08 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

There are no "community property" interests in Georgia -- that is only a California and a small number of other States. The real question you are getting at is whether your mother's husband inherited an interest in the home upon your mother's passing. The answer to that question depends on a couple things, including the language of the deed in your mother and brother's name and whether your mother left a will.

I strongly recommend that you hire a real estate attorney to review the deed, perform a quick title search to see who else may or may not have an interest, review your mother's will and/or probate documents, and advise you on the status of ownership of the home. I have experience in these matters. Please feel free to contact me.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 10/05/10, 11:19 am


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